9700.01 - ADVERTISING AND COMMERCIAL ACTIVITIES

This policy provides guidance for the appropriate and inappropriate use of advertising or promotion of commercial products or services to the students and parents in the school.

"Advertising" comes in many different categories and forums and is defined as an oral, written, or graphic statement made by the producer, manufacturer, or seller of products, equipment, or services which calls for the public's attention to arouse a desire to buy, use or patronize the product, equipment, or services. This includes the visible promotion of product logos for other than identification purposes. Brand names, trademarks, logos, or tags for product or service identification purposes are not considered advertising.

The Board may permit paid commercial advertising in School District facilities or on School District property in the following categories or forums in accordance with the parameters set forth herein:

1. Product Sales:
    
   1. product sales benefiting a district, school, or student activity (e.g., the sale of beverages or food within schools);
   2. exclusive agreements between the District and businesses that provide the businesses with the exclusive right to sell or promote their products or services in the schools (e.g. pouring rights contracts with soda companies);
   3. fund-raising activities (e.g., short-term sales of gift wrap, cookies, candy, etc.) to benefit a specific student population, club, or activity where the school receives a share of the profits.
2. Direct Advertising/Appropriation of Space:
    
   1. signage and billboards in schools and school facilities;
   2. corporate logos or brand names on school equipment (e.g., marquees, message boards, or score boards);
   3. ads, corporate logos, or brand names on book covers, student assignment books, or posters;
   4. ads in school publications (newspapers and yearbooks and event programs);
   5. media-based electronic advertising (e.g., Channel One or Internet or web-based sponsorship);
   6. free samples (e.g., of food or personal hygiene products).

No advertising may use the name, logo, mascot, or any other name which would associate an activity with the District without the specific written permission of the District Administrator. It is further the policy of the Board that its name, students, staff members, and District facilities shall not be used for promoting the interests of any non-school agency or organization, public or private, without the specific written permission of the District Administrator.

General Advertising Guidelines

The following guidelines shall be followed with respect to any form of advertising on school grounds:

1. When working together, schools and businesses must protect educational values. All commercial or corporate involvement should be consistent with the District's educational standards and goals.

2. No advertisement shall promote or contain references to alcohol, tobacco, drugs, drug paraphernalia, weapons, or lewd, vulgar, obscene, pornographic or illegal materials or activities, gambling, violence, hatred, sexual conduct or sexually explicit material, X or R rated movies or gambling aids.

3. No advertisement shall be permitted that conveys the impression of the School District's endorsement of any religious message, political candidate, or ballot initiative.

4. No advertisement may contain libelous material.

5. No advertisement may be approved which would tend to create a substantial disruption in the school environment or inhibit the functioning of any school.

6. No advertisement shall be false, misleading, or deceptive.

7. Each advertisement must be reviewed in advance for age appropriateness.

8. Advertisements may be rejected by the School District if determined to be inconsistent with the educational objectives of the School District, inappropriate, or inconsistent with the guidelines set forth in this policy.

9. All corporate support or activity must be age-appropriate and must be consistent with the Board's policies not to discriminate on the basis of race, color, religion, national origin, ancestry, creed, pregnancy, marital status, parental status, sexual orientation, sex (including gender status, change of sex, or gender identity), or physical, mental, emotional, or learning disability (Protected Classes) in any of its student program and activities.

10. Students shall not be required to advertise a product, service, company, or industry.

11. The District Administrator is responsible for screening all advertising.

12. The District Administrator may require that samples of advertising be made available for inspection.

13. The inclusion of advertisements in School District publications, in School District facilities, or on School District property does not constitute or imply approval and/or endorsement of any product, service, organization, or activity.

14. Final discretion regarding whether to advertise and the content and value of the materials will be with the Board.

Written Contract for Placement

All advertising agreements between the District and an outside entity shall be in writing, and shall specify all relevant terms. The contracts shall contain at a minimum the following clauses:

1. District authority over content and placement of advertisement;

2. authority of District administration to view and approve all materials prior to actual placement;

3. specific provisions regarding financial terms, timing of payment, hold harmless clause in the event of lawsuit against advertiser that requires removal of advertisement prior to expiration of contract; and

4. warranty regarding intellectual property and indemnification against alleged violations of trademark or copyright protections by third parties.

The District Administrator shall negotiate all such agreements with the advertiser.

Accounting

Advertising revenues must be properly reported and accounted for as per any administrative guidelines, policies, Generally Accepted Accounting Principles, and DPI Audit Guide requirements.

Revised 2/17/21
T.C. 5/18/22
T.C. 3/22/23
T.C. 8/16/23

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